Will New DNA Evidence Solve the Duke Investigation?

This is a partial transcript from "Hannity &Colmes," May 4, 2006, that has been edited for clarity.

ALAN COLMES, CO-HOST: There's breaking news tonight out of North Carolina in the Duke University lacrosse rape case. District Attorney Mike Nifong spoke today to the accuser's family and said that he would soon have new evidence that would mean good news for the prosecution.

Joining us now is the host of "The Lineup" right here on the FOX News Channel, Kimberly Guilfoyle, and FOX's own Megyn Kendall, who has the latest on this new revelation.

I understand that, Megyn, you spoke with the girlfriend of one of the lacrosse players; is that correct?

KENDALL: It's all those interviews. Yes, I spoke with the girlfriend of one of the lacrosse players, not one of the defendants, but one of the players. And I also spoke with the accuser's father, as well as with her cousin.

The accuser's family members telling me tonight that Mike Nifong told them good news is about to come out in this case for the prosecution, good news for the accuser relating — according to the family — to DNA. We have not been able to substantiate that through Nifong himself. This is coming from the family.

The DNA results are not due until May 15th, but they are telling me that Nifong is telling them we're going to get good news for the prosecution on the DNA tests.

COLMES: Well, I guess the question is, does he really — and, clearly, he knows information that he has not shared with the public. But is he just trying to make them feel better, or is he sharing real information that he does know something, and that information that hasn't yet come to light will run down to the favor of the prosecution?

KENDALL: I don't know the answer to that, but I can tell you that I've learned through defense sources that they understand that whatever DNA results, you know, they're waiting on are unusually delayed, that the DNA lab asked Nifong: How long can we have before we absolutely have to turn these over? And he said, you know, by the 15, because that's the discovery deadline in this case.

COLMES: As we're talking about the family, one other quick thing — how is the woman doing, the accuser? Is she in good shape? Is she still thinking of pulling out of this or what's her frame of mind?

KENDALL: The family says — tonight, I was told that she's not doing that well, that she's terrified, that she's — the word was petrified. And, Alan, a new piece of evidence — or a new piece of news. They told me that she's actually had to move her children from one school to another because they were being bothered, as well.

SEAN HANNITY, CO-HOST: Hey, Megyn, sorry you're not feeling well tonight. Thanks for being back with us.

KENDALL: Thanks.

HANNITY: You know, this was first hinted at in the Newsweek article, Kimberly. Now, basically, he is coming out saying, and he's smiling, and he's rubbing his hands together, but you know something?

I find his whole manner so utterly distasteful, because it's like it's almost become a game for him. Oh, by the way, and I'll prosecute this in the spring of, oh, 2007.

KIMBERLY GUILFOYLE, "THE LINE UP" HOST: Right. Yes, that, to me — I totally disagree with him saying that he's going to put the case off until spring. If he's getting these results in, he's got his witness ready, you always, 100 percent of the time...

HANNITY: Right.

GUILFOYLE: ... in these cases, where you have what could be a reluctant victim in domestic violence, rape, those kind of cases, you proceed as quickly as possible. You know who wants to usually age the case? The defense. But it seems a role reversal here. The defense wants to get this taken care of now; the D.A. wants to postpone it.

However, he is being a little snarky today saying...

HANNITY: He really is.

GUILFOYLE: ... "Ha, ha, ha," I've got something that you guys don't know about, which is what I've long suspected he's had more, because how could the guy stand out there with all these conferences without having the goods?

HANNITY: Could it be a hair that he found on the woman, from one of the lacrosse players? Would that be excused away by saying, "She gave me a lap dance"? Would that be excused by saying...

GUILFOYLE: It could be some kind of hair transfer that they found when they did combings or things like that on her person.

HANNITY: Right.

GUILFOYLE: It could be some of the, perhaps, biological material that was dropped on a towel or on the floor — in the area in the bathroom...

HANNITY: Or in the bathroom? But does that necessarily mean that a rape occurred?

GUILFOYLE: No, it does not.

HANNITY: I mean, we're going to have a lot of questions, right?

GUILFOYLE: You'd have to couple that — you'd have to have an identification.

HANNITY: With everything else.

GUILFOYLE: You'd have to have that biological material to match up and corroborate an identification...

HANNITY: Absolutely.

GUILFOYLE: ... combined with the physical examination that we already know the results of that they say could be consistent with a forcible rape.

HANNITY: Megyn, based on his past conduct, I'm very suspicious of the way this — it seems to have become a game for him. And that's frustrating to me, especially when he says it's going to be 2007.

We don't have a lot of time here. I still look at Reade Seligmann's timeline, and it seems so ironclad. What are your thoughts on what the D.A. is hinting at here and how it would relate to the time line?

KENDALL: Well, to the extent he's telling the family things like this, Sean, it could that he's trying to get out through the family what he can't get out himself, now that he's said he's not going to talk to the media about the evidence.

So there's reason to be somewhat suspect. If it really is him behind this message, however, that would be a huge promise to make and then not deliver. And, P.S., we do understand that it may be hair DNA.

HANNITY: We'll take a break.

Take care of that voice, Megyn.

Kimberly, thank you, as well.

GUILFOYLE: Thank you.

HANNITY: And watch Kimberly — don't forget — on "The Line Up," this weekend, Saturday and Sunday nights, 9:00 Eastern, right here on the FOX News Channel.

Watch "Hannity& Colmes" weeknights at 9 p.m. ET!

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